上世纪70年代末,曾有比较法学家以赞赏的口吻称德国“是没有辩诉交易的国家”。但正是从彼时起,协商在德国刑事司法的土壤里悄然发芽。在此后的30年间,其从起初限于轻罪案件,逐步发展至重罪领域,声势愈发浩大。2009年8月,新刑事诉讼法修改并确立有关“供述协议”的条款,一套体系化的司法协商制度至此构建完毕。本文首先在前人的基础上,结合最新的法条对轻罪协商、处罚令程序及供述协议的内涵进行重述;其次,以三大制度之间的异同为视角,探究德协商式司法的整体架构;再次,以美辩诉交易制度为参照,明确德国制度的特色。最后,落脚于我国“认罪认罚从宽制度”的建设上,以求丰富学理,并对实践有利。 At the end of the 1970s, there was a tribute by comparative jurists calling Germany “a country without plea bargaining”. However, it was from that moment that the negotiations quietly sprouted in the soil of criminal justice in Germany. In the following 30 years, its momentum has grown even greater since it was initially confined to cases of misdemeanors and gradually developed into serious crimes. In August 2009, the new Criminal Procedure Law amends and establishes the provisions on the “confession agreement,” and a systematic system of judicial consultation has been completed. Firstly, on the basis of the predecessors, this article combined with the latest law to restate the connotation of the procedure and the confession agreement on the misdemeanor consultation and punishment; Secondly, with the perspective of the similarities and differences between the three systems, The whole structure; Thirdly, with the system of plea bargaining in the United States as a reference, clarifies the characteristics of the German system. Finally, based on our country “pleading guilty to punish penalty from the lenient system ” building, in order to enrich learning and beneficial to practice.